On January 11, 2024, the United Kingdom (U.K.) Supreme Court rendered its judgment in _Paul v Royal Wolverhampton NHS Trust_, restricting the circumstances in which “secondary victims” can successfully claim for damages in clinical negligence cases. This ruling has provided welcome clarity regarding the scope of negligently caused “pure” psychiatric illness claims, but the judgment may well prove controversial. In this article, I trace the facts and opinion from the majority and also discuss an important dissenting opinion. I then reflect (...) on what the ruling means for psychiatric illness claims by secondary victims, and more broadly on the implications for clinical negligence law. I suggest that while much-needed clarity has been injected in this area of the law, it is difficult, reading the majority of the Supreme Court’s emphasis on the restricted scope of a medical practitioner’s duty, to envision a scenario in which secondary victim could ever succeed in a clinical negligence context. (shrink)

Gathering information from both published and unpublished material and interviews with Gibson's family, colleagues, and friends, Reed (philosophy, Drexel U.) chronicles Gibson's life and intellectual development and his attempts to synthesize several contrasting intellectual traditions into what he ultimately called an "ecological approach" to psychology. Annotation(c) 2003 Book News, Inc., Portland, OR (booknews.com).

How can I give you a reason to believe what I tell you? I can influence the evidence available to you. Or I can simply invite your trust. These two ways of giving reasons work very differently. When a speaker tells her hearer that p, I argue, she intends that he gain access to a prima facie reason to believe that p that derives not from evidence but from his mere understanding of her act. Unlike mere assertions, acts of telling (...) give reasons directly. They give reasons by inviting the hearer’s trust. This yields a novel form of anti-reductionism in the epistemology of testimony. The status of testimony as a sui generis source of epistemic warrant is entailed by the nature of the act of telling. We can discover the nature of this illocution, and its epistemic role, by examining how it functions in the real world of human relations. (shrink)

Hintikka has criticized psychologists for "hasty epistemologizing," which he takes to be an unwarranted transfer of ideas from psychology (a discipline dealing with questions of fact) into epistemology (a discipline dealing with questions of method and theory). Hamlyn argues, following Hintikka, that Gibson's theory of perception is an example of such an inappropriate transfer, especially insofar as Hamlyn feels Gibson does not answer several important questions. However, Gibson's theory does answer the relevant questions, albeit in a new and radical way, (...) which suggests that the alleged distinction between psychology and epistemology is suspect. In fact, contrary to Hintikka and Hamlyn's claims, Gibson's theory of perception appears to be a valuable source of epistemological as well as psychological ideas. (shrink)

While ethical norms for conducting academic research in the United Kingdom are relatively clear, there is little empirical understanding of how university research ethics committees (RECs) themselves operate and whether they are seen to operate well. In this article, we offer insights from a project focused on the Scottish university context. We deployed a three-sided qualitative approach: (i) document analysis; (ii) interviews with REC members, administrators, and managers; and (iii) direct observation of REC meetings. We found that RECs have diverse (...) operation and vary in terms of what members understand to be the remit of their REC and what should constitute the content of ethics review. Overall, though, most participants perceive university RECs as operating well. When asked what they consider to be areas for further improvement, most commented on: implementation of an online system; more experience with how to evaluate various kinds of research projects; best practice exchange and training opportunities; more accurate reflection of the REC role as part of the university’s workload allocation model; and greater recognition of the importance of research ethics governance in the university’s research environment, and, for the members themselves, their career advancement. Based on our findings and subsequent discussions during an end-of-project roundtable with stakeholders, we propose a model of collaboration that can address some of the identified areas that could benefit from further improvement. This model would facilitate a heightened awareness of the importance of supporting REC members in their own effort in assisting students and staff alike in undertaking as ethically robust research as possible. (shrink)

It is proposed that the Darwinian theoretical approach and account of living systems has not yet been clearly given. A first approximation to this is attempted, focussing on behavior in evolving environments. A theoretical terminology is defined emphasizing the mutuality of organism and environment and the existence of biologically theoretical entities.

Edward S. Casey invites us to rethink our emotions as fundamentally emerging from outside and around the self, redirecting our attention from the subjective sources of emotion to what reaches us from outside the domain of the subject.

Some philosophers worry that it can never be reasonable to act simply on the basis of trust, yet you act on the basis of self-trust whenever you merely follow through on one of your own intentions. It is no more reasonable to follow through on an intention formed by an untrustworthy earlier self of yours than it is to act on the advice of an untrustworthy interlocutor. But reasonable mistrust equally presupposes untrustworthiness in the mistrusted, or evidence thereof. The concept (...) of an intention, I argue, codifies the fact that practical reason rests on a capacity for reasonable trust. (shrink)

HISTORIANS of psychology are almost unanimously agreed on one point: that psychology is a relatively new science. There may be some disagreement as to when it started--with Weber, or Fechner, or Wundt, or James--but there is almost no dissent from the proposition that psychology as a scientific discipline is less than one and one-half centuries old. Many earlier writers are often discussed in histories of psychology, but invariably they are called speculators, or philosophers, as opposed to scientists. We believe that (...) this is an incorrect appraisal of the career of psychological research. To demonstrate our point, we propose to show how one key psychological idea from Descartes' work has had an extensive and robust scientific history. If it is true that this Cartesian idea has had great influence in science, then many claims concerning the history of psychology will need to be reconsidered. Not everything which happened in psychology prior to the nineteenth century was speculative, nor is everything which happened later scientific. Even more importantly, if Descartes' idea has been of such central concern to several hundred years of research, it must be treated as an important claim about the way the world is, as a law of nature. (shrink)

Barker and Achinstein misread Goodman's definitions of 'grue' and 'bleen'. If we stick to Goodman's definition of 'grue' as applying "to all things examined before t just in case they are green but to other things just in case they are blue" (my italics), and his parallel definition of 'bleen', then Barker and Achinstein's arguments are seen to be irrelevant. The result is to by-pass the question whether Mr. Grue sees things as grue rather than as green while showing that (...) it is possible for human conceptual schemes to employ different sensory terms. These two issues are separate. (shrink)

This article investigates a high-profile and ongoing dilemma for healthcare professionals (HCPs), namely whether the existence of a (legal) duty of care to genetic relatives of a patient is a help or a hindrance in deciding what to do in cases where a patient’s genetic information may have relevance to the health of the patient’s family members. The English caseABC v St George’s Healthcare NHS Trust and othersconsidered if a duty of confidentiality owed to the patient and a putative duty (...) of care to the patient’s close relatives could coexist in this context. This article examines whether embracing the concept of coexisting duties could enable HCPs to respect duties in line with their clinical judgement, thereby providing legal support and clarity to professionals to allow them to provide the best possible genetics service to both the patient and their family. We argue that these dual duties, framed as a novel, composite duty to consider the interests of genetic relatives, could allow HCPs to exercise and act on their professional judgements about the relative value of information to family members, without fears of liability for negligence or breach of confidence. (shrink)

An interview with Ed Casey where we discuss the intersections of his philosophical work with current political issues, including the Israel-Palestine conflict.

Spurred by a confluence of factors, most notably the decreasing cost of high-throughput technologies and advances in information technologies, a number of population research initiatives have emerged in recent years. These include large-scale, internationally collaborative genomic projects and biobanks, the latter of which can be defined as an organized collection of human biological material and associated data stored for one or more research purposes. Biobanks are a key emerging research infrastructure, and those established as prospective research resources comprising biospecimens and (...) data from many participants are viewed as particularly promising drivers of biomedical progress. Such biobanks, particularly those publicly funded and set up to promote the public interest, have expanded across the globe in recent years. (shrink)

IMAGINING and remembering, two of the most frequent and fundamental acts of mind, have long been unwelcome guests in most of the many mansions of philosophy. When not simply ignored or over-looked, they have been considered only to be dismissed. This is above all true of imagination, as first becomes evident in Plato’s view that the art of making exact images tends to degenerate into the making of mere semblances. Kant, despite the importance he gives to imagination in the first (...) edition of The Critique of Pure Reason, nevertheless considers images to be lowly "monograms" that are unruly and thus untrustworthy. In more recent times, Sartre, who is nearly as ambivalent as Kant on the subject, has stressed imagination’s "essential poverty"—its character as "debased thought"—while Ryle, in covert counterpoint, has attempted to conceive imagining as parody and pretense: as mere make-believe. (shrink)

This is an interview with Edward S. Casey, conducted by Donald A. Landes.

This timely book examines the interaction of health research and regulation with law through empirical analysis and the application of key anthropological concepts to reveal the inner workings of human health research. Through ground-breaking empirical inquiry, Regulatory Stewardship of Health Research explores how research ethics committees (RECs) work in practice to both protect research participants and promote ethical research.This thought-provoking book provides new perspectives on the regulation of health research by demonstrating how RECs and other regulatory actors seek to fulfil (...) these two functions by performing a role of 'regulatory stewardship'. This involves guiding researchers through stages of research approval, as well as seeking to maximise benefits for participants and society while minimising risks. Arguing that participant protection and research promotion should rightly be treated as twin objectives for health research regulators, this book asserts that there is a need for more overt recognition of the importance and function of the deliberative space in which RECs can negotiate the risks relevant to a research application.This book is a key resource for academics and students interested in health research and regulation, and the dynamic interaction of ethics and the law. Regulators and policy-makers will also find it to be an insightful and illuminating text for the practical insights that it reveals about research governance in action. (shrink)

The philosophical or metaphysical architecture of Darwin's theory of evolution by natural selection is analyzed and diflussed. It is argued that natural selection was for Darwin a paradigmatic case of a natural law of change — an exemplar of what Ghiselin (1969) has called selective retention laws. These selective retention laws lie at the basis of Darwin's revolutionary world view. In this essay special attention is paid to the consequences for Darwin's concept of species of his selective retention laws. Although (...) Darwin himself explicity supported a variety of nominalism, implicit in the theory of natural selection is a solution to the dispute between nominalism and realism. It is argued that, although implicit, this view plays a very important role in Darwin's theory of natural selection as the means for the origin of species. It is in the context of these selective retention laws and their philosophical implications that Darwin's method is appraised in the light of recent criticisms, and the conclusion drawn that he successfully treated some philosophical problems by approaching them through natural history. Following this an outline of natural selection theory is presented in which all these philosophical issues are highlighted. (shrink)

How can you give your interlocutor a reason to act? One way is by manipulating his deliberative context through threats, flattery, or other incentives. Another is by addressing him in the way distinctive of reasoning with him. I aim to account for the possibility of this non-manipulative form of address by showing how it is realized through the performance of a specific illocutionary act, that of advising as inviting to trust. I argue that exercise of a capacity for reasonable trust (...) can give us reasons that are not grounded in our motivational susceptibilities. Here I echo Kant on moral motivation. But this rational faculty assesses not principles but persons. Here I echo Hume on the moral virtues. We can thus agree with Kant about the motivational efficacy of practical reasons dispensed through advice but agree with Hume about the form of intelligence needed to put ourselves in touch with them. (shrink)

Summary The task of this article is to review the principle of relational determination, as described by Solomon Asch (1952) which expands over Karl Duncker’s (1939) critique of ethical relativism. Relational determination has much to offer to the therapeutic community first with regard to interpersonal relations and social relations. My main goal is to extend this relational analysis to intrapsychic life, which may expose new potentialities for internal conflict resolution and personal integration, predicated on the cultivation of relational understanding (i.e., (...) recognition of relational determination in organization of conscious experience). But this approach is best illustrated in its application to value differences and conflict across societies, which are typically viewed from the absolutist or relativist perspective. The principle of relationality casts doubt on elementaristic assumptions common to both (e.g., meaning constancy). Such assumptions lead to some ill-considered conclusions: of irreconcilable moral differences dividing both individuals and groups, deprived of any basis in understanding. Those views fail to consider the contexts underlying the meanings and valuations we impute. When these are taken into account, Duncker’s hypothesis of an invariant relation between meaning and value finds support. Value differences (or changes) need not represent fundamental differences in morality, but instead (factual) differences in understanding of the situation. If so, then value differences may indeed be both understandable and reconcilable. Relational determination reveals this same potentiality with regard to intrapsychic conflict, where the same presumption of irreconcilable differences must be overcome. Work by Erich Neumann provides a valuable depth psychological perspective on this inner conflict, which accords surprisingly well with the relationality principle in particular and field theory in general. From that vantage point, psychological defenses may be recognized as structural properties of yet unreconciled psychical fields. Gestalt theory’s relational view, which aligns well with Neumann’s account of a “new ethic” helps to reveal the processes by which these defensive postures might abate, as value realms that earlier dwelt in hostile opposition develop more of a conscious and respectful relation with each other, as the individual inches toward greater wholeness. (shrink)

This paper defends an internalist view of agency. The challenge for an internalist view of agency is to explain how an agent’s all-things-considered judgment has necessary implications for action, a challenge that lies specifically in the possibility of two species of akratic break: between judgment and intention, and between intention and action. I argue that the two breaks are not importantly different: in each case akrasia manifests a single species of irrational self-mistrust. I aim to vindicate internalism by showing how (...) rational agency rests on our capacity for trusting receptivity to the verdict of judgment. To call the relation receptivity is to characterize it as fundamentally passive. To call it trusting receptivity is to ensure that the passivity is not incompatible with agency, since trust retains a crucial degree of control. I argue that the best way to meet the externalist argument from akrasia is to abandon the assumption that the will must be a locus of activity. (shrink)

Are emotions internal episodes – psychical or neurological – as is often claimed? Some certainly are; but I maintain that an important class of emotions are “peripheral”; by this I mean that they consist in what we pick up from others’ expressions of their emotions in words, gestures, or actions – or from surrounding circumstances of various sorts. These expressions and circumstances contain affect clusters that manifest themselves to us exophanously, literally “showings-forth.” I explore both of these basic situations of (...) “the transmission of affect”. I also present an abbreviated periphenomenological description of various ways in which emotions have their own peculiar edges, thereby correcting and supplementing the common conception that edges inhere only in physical objects. (shrink)

In "mind-Body identity, Privacy and categories" richard rorty set forth a new form of the identity theory of the mind, (called the 'disappearance' version) in which he suggested that instead of identifying sensations with neural events, Sensations might be eliminated. Using an illustration of rorty's I show that 'pain' cannot come to refer to a brain process for neural events are neither pleasant nor unpleasant. For 'pain' to refer to something unpleasant, We would have to give 'brain process' the connotation (...) of unpleasantness. But to do this would be to identify the brain process with the sensation of pain--I.E., To return to the older identity theory. (shrink)

One of the foundational texts of interpersonal psychoanalysis, _Prelogical Experience_ is a pioneering attempt to elaborate an interpersonal theory of personality that encompasses the nonpropositional, nonverbal dimension of human experience. Prelogical processes, the authors hold, cannot be consigned to infancy; rather they shape experience throughout life and are especially salient in relation to dreams, emotion, perception, and the arts. Of special note is Tauber and Green's elaboration of the clinical situation that grows out of an appreciation of prelogical experience. In (...) a striking anticipation of contemporary thinking, they approach patient-therapist interaction in terms of the continuous exchange of "presentational data" by patient and analyst. These data enable patient and therapist alike to "know" more about the other than can ever be expressed in propositional terms. This perspective assigns an important role to what Piaget would term "the cognitive unconscious" in the clinical process. It likewise sustains a view of the countertransference - which includes the analyst's own dreams - as a vital source of presentational data about the patient. As Donnel Stern notes in his Introduction, these and other insights "amount to a surprisingly contemporary description of psychoanalytic treatment.". (shrink)

The dominant, individualistic understanding of autonomy that features in clinical practice and research is underpinned by the idea that people are, in their ideal form, independent, self-interested and rational gain-maximising decision-makers. In recent decades, this paradigm has been challenged from various disciplinary and intellectual directions. Proponents of ‘relational autonomy’ in particular have argued that people’s identities, needs, interests – and indeed autonomy – are always also shaped by their relations to others. Yet, despite the pronounced and nuanced critique directed at (...) an individualistic understanding of autonomy, this critique has had very little effect on ethical and legal instruments in clinical practice and research so far. In this article, we use four case studies to explore to what extent, if at all, relational autonomy can provide solutions to ethical and practical problems in clinical practice and research. We conclude that certain forms of relational autonomy can have a tangibl... (shrink)

Originally published in 1966, this pivotal work of Mikel Dufrenne revises Kant’s notion of _a priori,_ a concept previously given insufficient attention by philosophers, to realize a rich understanding that finally does justice to one of Kant’s most troubling cruxes. Following the Husserlian analytics of phenomenology, Dufrenne postulates a dualistic conception of the _a priori_ as a structure that expresses itself outside the human subject, but also as a virtual knowledge that points to a philosophy of immediate apprehension or feeling. (...) A friend of Paul Ricoeur, with whom he was detained as a prisoner of war during World War II, Dufrenne’s work until now has been sorely overlooked by American philosophers. (shrink)